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25.12.04, 19:51
Prosze, prosze. Ale sie zra:
Ukraine Court Ruling Clouds Rerun Vote
2 hours, 39 minutes ago
By YURAS KARMANAU, Associated Press Writer
KIEV, Ukraine - Ukraine's Constitutional Court ruled on Saturday that parts
of recent legislation restricting the voting rights of home-bound people
violate the country's constitution, clouding the presidential rerun vote one
day before ballots were to be cast.
A decision by Ukraine's highest court won't delay Sunday's vote but creates a
headache for the Central Election Commission, which is required by law to
implement the ruling but has less than 24 hours to do so.
"We will fulfill the decision of the Constitutional Court," said commission
chief Yaroslav Davydovych. "We don't have another alternative. The vote must
be held."
Supporters of opposition presidential candidate Viktor Yushchenko pushed for
the restrictions on voting at home, saying they are necessary to prevent a
repeat of the vote fraud that marred the Nov. 21 presidential runoff.
Ukraine's Supreme Court invalidated the results of November's vote, canceling
the victory of Prime Minister Viktor Yanukovych and ordering Sunday's new
ballot.
The Constitutional Court said in its ruling Saturday that the restrictions
allowing only people with certain disabilities to vote at home were
unconstitutional and must be lifted immediately.
The court ruled that those who are unable to get themselves to a polling
station because of a disability or health reason must be allowed to vote at
home.
The move could benefit Yanukovych, who pushed for the restrictions to be
lifted, saying they would deprive millions of their right to vote.
The ruling does not affect other newly adopted restrictions on absentee
balloting, which the opposition and Western observers said became a vehicle
for rampant fraud in the November runoff.
Nestor Shufrych, a lawmaker and Yanukovych ally, said the court's ruling
would affect about 3 million people. He said Ukrainians who qualify have
until 8 p.m. Saturday to notify their local election precinct that they want
to vote at home.
However, it appeared unlikely that the cash-strapped Ukrainian government
would be able to solve the major logistical problem of preparing those people
to vote at the last minute.
That could become a basis for legal challenges to the election results.
"Of course, if one side or another is not pleased with the results of the
vote, they will appeal on the basis of the Constitutional Court's decision,"
Shufrych said.
Yushchenko's spokeswoman, Irina Gerashchenko, insisted the ruling wouldn't
harm the opposition leader's chances. "The decision of the court will not
disrupt the election," she said.
Yushchenko is considered the front-runner, with most poll results showing
with a healthy lead over his rival, who was severely weakened by the court's
annulment of his victory and massive opposition protests.
The Constitutional Court only began considering Yanukovych's appeal of the
home-voting restrictions on Friday, and it was not expected to deliver a
ruling so quickly.
A court official said the ruling would add legitimacy to the result of
Sunday's vote.
"No one will ever be able to say that the president was elected
illegitimately and illegally. It would have been a lot worse if we took the
decision after the election," court representative Mykola Selivon said.
Parliament passed the changes as part of a package deal that included
political reforms initiated by allies of outgoing President Leonid Kuchma.
The court ruling didn't affect other parts of the deal.
However, Yushchenko warned Friday that if his opponents sought to thwart part
of the deal, his backers wouldn't hesitate to challenge the rest of the
package, in particular reforms that weakened presidential power.
Tension is running high in Ukraine ahead of Sunday's vote, amid fears of
violence. Police have pledged to maintain law and order during the rerun.
In a Friday night address to the nation, Kuchma — who has largely abandoned
Yanukovych, his former protege — accused both candidates of turning the
campaign bitter.
"Both sides succumbed to the temptation to attribute to oneself only glory
and to accuse one's political rival of all sins, both unintentional and
fictitious," Kuchma said. "We must prove to ourselves and to the world that
we are able honestly and without fear elect the person whom we consider the
best despite any pressure."
